HomeMy WebLinkAboutPL MINUTES 05051989 Meeting Sheet
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Box: 21
Folder: PL MINUTES AND AGENDAS 1989
Document: PL MINUTES 05051989
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C=TY O F S T . ANTHONY
P LANN=NG COMM= S S 2 ON M 2 NUTE S
APR 2 L S , 1 9 8 9
2 The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led
3 by Chair Madden.
4 ROLL CALL
5 Present: Brownell, London, Franzese, Madden, Wagner.
6 Absent: Hansen, Werenicz.
7 Also present: David Childs, City Manager
8. Sue VanderHeyden, Assistant to the City Manager
9 JANUARY 17, 1989 PLANNING COMMISSION MINUTES
• Motion by Brownell, seconded by Wagner to approve with the following
11 changes:
12 Page 2, line 4: Insert "Shopping" between "Village" and "Center".
13 Page 3, line 28: Substitute "couldn't" for "wouldn't" .
14 Page 6, .line 2: Correct "representatives".
15 Page 11, line 9: Insert "and wall signs" following "signs" .
16 Page 11, line 28: Insert "to" between "required" and "met".
17 Page 11, line 36: Correct "going" .
18 Motion carried unanimously.
19 COMMISSIONER FRANZESE TO REPRESENT PLANNING COMMISSION AT APRIL 11TH
20 COUNCIL MEETING
21 PUBLIC HEARINGS
22 Smaller Wall Sign Exchanged for Two Canopy Signs on Salvation Army ,
23 Thrift Store
24 At 7:35 P.M. Chair Madden opened the public hearing -to consider the
25 request from the Salvation Army Thrift Store at 2500 - 38th Avenue N.E.
26 for a variance from the Sign Ordinance of the City Code to allow two 7
27 foot by 3 foot (21 square feet each) signs to be installed on the canopy
28 at the above location in addition to the existing 50 foot by 3 foot wall
• sign on that building. The Sign Code allows one wall sign per business,
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not larger than 150 square feet in sign surface area. The variance
request is for two additional signs totaling an additional 42 square
feet in sign surface area.
4 The Chair read the notice of the hearing which had been published in the
5 February 8th Bulletin and mailed to all property owners of record within
6 200 feet of the subject property. No one present reported failure to
7 receive the notice or objected to its content.
8 Staff Report
9 >Ms. VanderHeyden, in her March 31st memorandum, had advised that the
10 store frontage was 140 feet for which only one sign no larger than 150
11 square feet was allowed by the Sign Code and that the additional 42
12 square feet of canopy sign would bring the store's total signage to
13 192 square feet.
14 >Her memorandum had related the justifications the applicants
15 perceived for allowing the variance and pointed out that this business
16 had only one frontage and was not located on a corner.
17 >The Assistant to the City Manager had also suggested a compromise
18 _ under which the wall signage could be removed in exchange for the two
19 canopy signs.
>Mr. Childs reported that the canopy signs were erected without City
permission around the first of the year and when drawn to the
2 applicant's attention, the Salvation Army had opted to seek a variance
23 to keep the additional signage.
24 >Mr. Childs said the matter was scheduled to come before the Planning
25 Commission February 21st but that meeting had been cancelled because
26 of a lack of a quorum and was rescheduled for April 5th instead.
27 >The City Manager reported staff had received no calls either for or
28 against the variance since the Notice of Hearing had been published.
29 >Photos of the three signs were included in the agenda packet.
30 Dan Kaufman of Kaufman Sign Company
31 >Took full responsibility for putting up the non-conforming signage,
32 indicating a salesman who was no longer with the firm had assured the
33 sign company that he had cleared erection of the signs with the City.
34 >Said the Salvation Army had asked him to do everything he could to
35 keep the signs up and suggested a compromise under which the 3 X 16
36 "Furniture" panel could be taken down to reduce the total square
37 footage to 144 square feet, which would meet the City's requirements.
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>Indicated the Thrift Store owners perceived a need to identify the
entrance to the store in that multi-use building from both the east
and west from which point the wall sign was' not visible at all .
4 >Told Commissioner Franzese that removing the "Furniture" panel would
5 provide better separation between the Thrift Store signage and the
6 sign the tenant who goes in between the Thrift Store and the
7 Alternative erects for that business.
8 No one else was present to speak either for or against the variance and
9 the hearing was closed at 7:43 P.M.
10 Commission Reaction
11 Commissioner Wagner commented that he perceived there was a need for
12 identification of the Thrift Store entrance on that side of the
13 building, which has so many windows and doors. He thought the trade-
14 off between the reduction of the wall signage and allowance of the
15 canopy signage to a size in better conformity with the size of the store
16 to be a fair one.
17 Commissioner Brownell remarked that his first choice would have been to
18 eliminate the entire banner sign which is really only visible from the
19 north and isn't even illuminated to be seen during the winter evening
20 hours when the store is open. He said he perceived the canopy signs,
which are illuminated, provided visibility from the north, east, and
west. The Commissioner said, he could go along with all three signs as
3 long as the total square footage was reduced to . below the 150 square
24 feet allowed that business.
25 Commissioner Madden indicated that in view of the fact that the City's
26 liquor warehouse next to the Thrift Store had excess signage, both in
27 quantity and square footage, and the City had also set the precedent
28 for three canopy signs at the Stonehouse, he found it very difficult to
29 recommend this request not be granted.
30 Commissioners London and Franzese indicated they concurred that the
31 reduced signage would be acceptable.
32 Planning Commission Recommendation
33 Motion by Franzese, seconded by Wagner to recommend that the Council
34 grant a variance for two 7 feet by 3 feet additional canopy signs (42
35 total square footage) at the entrance to the Salvation Army Thrift Store
36 at 2500 - 38th Avenue N.E. on the condition that the existing 150 square
37 foot wall sign be reduced to a size which would bring the total sign
38 surface for that store under the 150 square feet the Sign Code allows -
39 a store with 140 feet of frontage.
40 In recommending the variance be granted, the Planning Commission finds
41 that:
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1. Staff had received no calls opposing the variance before the hearing
and no one spoke against the request during the hearing.
3 2. A precedent for non-conforming signage had been established with the
4 business just east of the Thrift Store.
5 3 . A hardship was perceived for the store owners because of the store's
6 lack of visibility from the south, east, and west without the canopy
7 signs.
8 4. Better demarcation of the store's entrance is provided by signs which
9 have already been erected on the store canopy.
10 Motion carried unanimously.
it Four to One Vote Recommends Approval of a Family Day Care Center at
12 3808 Macalaster Drive N.E.
13 At 7:51 P.M. the Chair opened an informal discussion of the request for
14 the conditional use permit for a day care center pending the published
15 8:00 P.M. hearing time. The Notice of the Hearing to consider the
16request from Village Properties, Inc. for a conditional use permit to
17 allow establishment of a day care facility for from 12 to 14 children
18 under the R-4 Apartment Zoning Classification for Macalaster Apartments
was read aloud.
0 The Notice of the Hearing had been published in the February 8th
21 Bulletin and mailed to all property owners of record within 350 feet of
22 the subject property. No one present reported failure to receive the
23 notice or objected to its content.
24 >Ms. VanderHeyden's March 31st memorandum reported the applicants were
25 asking they be allowed to convert a garden level, 950 square foot, two
26 bedroom apartment for the proposed use which met the ordinance
27 requirement for no more than a total of 1 ,000 square feet, for which
28 the ordinance allowed no advertising or signing on the exterior of the
29 building or yard.
30 >The applicant, Kenneth Solie, testified that a measurement of the
31 space had revealed it- was only 950 square feet rather than the 1,050
32 square feet originally proposed.
33 >Ms. VanderHeyden. had also -advised the justifications the applicant
34 perceived for allowing the permit and pointed out that the concept of
35 daycare facilities was one which was new to the City.
36 >The agenda packet included a copy of the March 3rd letter from the
37 Licensing Unit of the Ramsey County Community Human Services
38 Department, establishing criteria under which a license for the use
39 could be issued pursuant to Chapter 9502 of the County's licensing
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1 requirements for Group Family Day Care facilities for which the County
would recommend the State issue a Class C GFDC license.
3 >the Ramsey County Social Worker who would be responsible for the
4 facility had also indicated in her letter that she perceived a need
5 for more day care openings in the St. Anthony area and . said "a
6 proposed Group Family Day Care residence in Apartment 5 at 3808
7 Macalaster Drive would certainly help parents find day care close to
8 home."
9 >Mr. Childs indicated he perceived it was up to the Commission to.
10 determine whether a day care facility fell within the "service or
it convenience type business catering to the residents of such building
12 complexes" criteria, adding that staff was suggesting that it does.
13 >Mr. Childs also pointed out that there are more than 40 children in
14 that particular apartment complex and he said he perceived this might
15 be even better for parents than having day care in the workplace.
16 >Mr. Childs assured Commissioner Franzese that he had talked to the
17 City Attorney about the permit, and that Mr. Soth had perceived there
18 would be no more chance of incurring liability from this facility
19 than for any other conditional usepermit issued or other action by
20 either the Commission or Council.
21 The applicants' testimony was taken a few minutes before 8:00 P.M. with
the understanding that it would be repeated if any interested persons
arrived later which no one did.
24 Kenneth Solie and Jerry Cowan of Village Properties, Inc. , 2196 ]Pentagon
25 Drive
26 >Indicated they would be seeking a Class C Ramsey County Day Care
27 rather than a State Group Day Care license because the latter, which
28 is issued for many more than the maximum of 14 children they
29 anticipated for this facility, was much more restrictive when it came
30 to providing secured play areas and required a commercial kitchen and
31 a more restrictive ratio of caretakers per number of children.
32 >Said the Class C license would allow a mix of up to four each of
33 infants; toddlers (2 to 4 years of age) ; preschoolers; and "latch key
34 children up to sixth grade who might be at the center before and after
35 school hours to be cared for by two staff persons.
36 >Reported they had contracted with a three year employee of the
37 Learning Centers who was now working with Ramsey County to be licensed
38 to operate the facility.
39 >Said that person would rent the apartment from village Properties,
40 Inc. and would repay the investment the firm makes in the facility on
41 a schedule of payments, adding that strangely enough, Ramsey County
required no special insurance for these types of facilities.
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>Indicated the license would be issued to both that person and to the
2 facility location and would be overseen by Diane Phillippi, the social
3 worker who had written the March 3rd letter.
4 >Suggested the permit be issued to the apartment complex rather than
5 to a specific apartment so it would cover another unit in another
6 building if the success of this apartment proved great enough to
7 justify a similar service in the other building or the facility was
8 moved to another building two or three years down the line.
9 Commissioner Brownell opposed that suggestion, saying he preferred
10 having the permit issued specifically for Apartment 5, 3808 .Macalaster
11 Drive, even though the applicants had stated the County would have to
12 approve any move and the Fire Department would certainly know where it
13 was if they provided the fire inspection required by the County.
14 When Mr. Solie told Commissioner London there were no plans to secure
15 the play area because the County license did not have that requirement
16 and because all 44 children in the complex were already used to playing
17 wherever they wanted in the play area provided for them. The
18 Commissioner indicated he perceived it might be very difficult for the
19 one caretaker which the license legally permitted to oversee 10 children
20 to watch out for the ones she was responsible for among all the other
21 children playing in that area. Mr. Solie said the same license is
issued for one provider day care in homes for up to 10 children without
requiring those yards to be fenced in. Mr. Cowan said he could
4 understand the Commissioner's concern for the welfare of the children
25 but didn't think Village Properties should be obligated to provide
26 anything more than the Class C license required for a facility.
27 Commissioner Madden indicated it was the City's prerogative to impose
28 any condition it perceived -necessary on this type of permit.
29 Mr. Solie indicated the reason his letter had indicated day care might
30 be -provided for children living outside the apartment complex had been
31 so they could continue to provide such service to families who moved
32 away but wanted their children to remain in the facilities. He
33 perceived it might be a handicap to have such restrictions placed on the
34 facility. Commissioner. London indicated his concern with having people
35 from other locations use these facilities was based on what he observed
36 were safety problems around the Community Center right now with parents
37 constantly driving up to leave off or pick up their children and often
38 leaving unattended cars with the motors 'running. . He perceived this
39 might result in a hazard for an apartment building without a specific
40 area for such operations.
41 The applicants agreed a state license would probably not allow the use
42 of an apartment which is below ground level, but such facilities are
43 allowed by the County license.
44 When no one else offered further input to the discussion, the Chair
IFclosed the hearing at 8:11 P.M.
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• Commission Reaction
2 Commissioner Franzese said as a working mother she viewed this as a
3 great service for the Macalaster residents because she knew from past
4 experience having a baby sitter so close by was a real asset. She also
5 pointed out that the City can do more about unsatisfactory service with
6 a licensed facility than with a similar service in a private home which
7 is not licensed. The Commissioner indicated she expected a mother
8 dropping off a child from outside the complex would probably be an
9 exception rather than the rule for this type of facility and she
10 anticipated all kinds of problems trying to fence in a particular
11 segment of children on a playground where all children have always
12 played together without fencing. She also perceived the mix of children
13 required less supervision on the playground than if they were all of an
14 "unruly age." Commissioner Franzese said-she also liked to see "private
15 enterprise" involved in this type of service and expected because of the
16 "supply and demand" which would probably develop for the service,
17 parents should 'probably be the best evaluators of the care their
18 children received.
19 Commissioner London viewed. the County license as providing "minimal
20 care" and said he would rather see a more restrictive state license
21 required for the facility because of his own experience the past seven
22 years with day -care "some good, some not so good" for his two children
who are both still in day care. He said he thought even with a mix of
ages, 10 children were too many for one caretaker and even two for 14
children with certain mixes would not be enough. The Commissioner said
26 he considered a "half basement facility without a direct access to the
27 outside marginal at best. " He then pointed to the drainage swale in
28 back of the playground which he thought might present an unsatisfactory
29 play area when the ground is wet where a person trying to keep track of
30 8 or 10 kids at a time might not notice where the children were playing.
31 Commissioner Wagner said he basically agreed with Commissioner Franzese
32 that this facility would be a benefit to the parents in that apartment,
33 although he knew the County's requirements were minimum, he wasn't
34 certain just how much more control should be required for a facility of
35 this size. However, the Commissioner said his biggest concern was not
36 having a fenced play area in a complex where there is a swimming pool.
37 Commissioner Brownell indicated he also favored day care being offered
38 as a service to the parents of this apartment complex, but shared the
39 concerns of others about the lack of a controlled play area with the
40 level of supervision the license allowed. .
41 Commissioner Madden. said he perceived the use would provide a much
42 needed service which . would benefit the community but agreed that it
43 might be difficult for one day care provider to keep track of her own
44 charges playing outside with about 30 other children in a non-secured
45 area.
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Commissioner London said he also recognized how hard it was to find day
care but his only concern was that such a facility be "a good one" with
3 conditions, equipment and supervision adequate enough to provide that
4 kind of care. He agreed that having day care available in the same
5 complex would be wonderful for the parents but still saw potential
6 problems in this proposal which could be improved.
7 Commissioner London told Mr. Solie he wasn't so much suggesting he
8 "corral the kids into one area, " but rather that at least the back
9 perimeters of the property where there is an open area next to the
10 parking lot leading to a slope going down to the highway be fenced to
11 prevent kids from wandering away from only one supervisor.
12 Commissioner London concluded by saying he thought this facility should
13 be licensed under state requirements because he would have real
14 reservations with setting a precedent for other facilities of the same
15 type over which the City had so little control, especially over children
16 who are not under the supervision of their own parents or the day care.
17. During the discussion of her eliminating the apartment number from her
18 motion, Commissioner Franzese said she perceived that with the County
19 oversight and the City fire department having to know the location of
20 the facility to make the necessary fire inspection, the City might be
21 imposing unnecessary limitations on the permit by requiring specific
22 identification of the facility location. However, she conceded that she
46 was outnumbered by Commissioners who disagreed and included that
specification in the following:
25 Planning Commission Recommendation
26 Motion by Franzese, seconded by Brownell to recommend the City Council
27 grant a conditional use permit to Village Properties, Inc. for a Class
28 C Ramsey County Licensed Family Day Care facility for up to 14 children
29 to be located in Apartment 5, 3808. Macalaster Drive N.E. , finding that:
30 1. The use meets the specifications of Section 7, Subdivision 3, number
31 3 for a conditional use permit and satisfies the conditions Minnesota
32 statutes and City ordinances require to be satisfied before a
33conditional use permit can be authorized.
34 2. Staff received no calls .in opposition to the permit before the hearing
35 and there was no public opposition to the proposal expressed during
36 the hearing.
37 3. The Commission perceives a real benefit from this use would be
38 provided for the residents of that apartment complex.
39 Voting on the motion:
40 Aye: Franzese, Brownell, Madden, Wagner.
41 Nay: London.
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Notion carried.
Three to Two Vote Recommends Approval -of Sign Variance Request From
3 - Hardees
4 At 8:45 P.M. the Chair opened the public .hearing to consider the
5 request from Hardees, 4004 Silver Lake Road for a variance to the Sign
6 Ordinance to allow a 37.1 square foot wall sign on the westerly portion
7 of the south facing mansard roof in addition to the 76 square foot
8 freestanding sign for which a variance was granted in 1985. The -total
9 signage for the restaurant would be 107.1 square feet, where the City
10 ordinance allows 150 square feet but only one sign per establishment.
11 Chair Madden read aloud the Notice of the Hearing which had been
12 published in the February 8th Bulletin and mailed to all -property owners
13 of record within 200 feet of the subject property. No one present
14 reported failure to receive the notice or objected to its contents.
15 Staff Report
16 >Ms. VanderHeyden's March 31st memorandum addressed the special
17 circumstances supporting the applicant's variance request and drew a
18 . comparison with the request and action taken by the City in August,
19 1988, related to the Burger King restaurant being considered in the
20 same location as the vacant Sports and Health Club building north of
the Apache Mall.
>The agenda packet included copies of the minutes pertinent to the
23 1985 variance for the- freestanding sign as well as those providing
24 information related to the 1988. variance for signage on the Burger
25 King facility, which has not yet been constructed at Apache.
26 >Specifications for the proposed wall sign were also included for
27 Commission consideration.
28 >Mr. Childs reiterated that, as reported in the minutes,, when the
29 applicant, Kenneth Johnson, was remodeling his restaurant in 1985, he
30 had decided to take down the sign he had on the roof and place it as
31 a groundhugging sign next to Silver Lake Road. Although he had failed
32 to provide the cement base or landscaping around the sign which he had
33 promised when he had been granted a variance for the monument sign in
34 lieu of wall signage, Mr. Childs said Mr. Johnson had indicated to him
35 he was prepared to finish the job this spring but now perceived the
36 need for wall identification .as well.
37 >The City Manager reported the restaurant owner perceived the
38 additional signage was necessary because the Mobil Station, its
39 signage and the vehicles around it, cut down visibility of his
40 establishment for traffic going north on Silver Lake Road or turning
41 onto the service road between the Midwest Federal building and the
42 station which leads to his restaurant.
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1 >Mr. Childs commented that although the request for the Burger King
signage had generated so much opposition from the townhome residents
living across Silver Lake Road, the Notice of the Hearing about this
4 signage, which went out to the same property owners, had generated no
5 response at all from any of those same people.
6 Kenneth Johnson, 1927 Simpson, Roseville, MN
7 >Said this would be the fourth remodeling project he had undertaken
8 in the twenty years Hardees had been at that location.
9 >Described the building exterior, parking lot and lighting
10 improvements he was making, saying they included tearing up the
11 pavement in front of the sign and landscaping all around the. base he
12 would be providing for the sign.
13 >Told Commissioner Wagner that although there was poor visibility of
14 the sign for some traffic, he still thought the sign was needed in
15 that location, although he had to concede it had been easier to see
16 from the Apache parking lot when it was up on the roof.
17 When no one responded to his invitation to speak to the issue, Chair
18 Madden closed the hearing at 8:51 P.M. for Commission discussion.
19 Commissioner Franzese said, considering the excess signage Burger King
0 had been granted for their restaurant and perceiving the gas station did
somewhat prevent potential customers from seeing that this was a Hardees
Restaurant, she would have no problem recommending the additional
23 signage which she considered essential to the restaurant owner's
24 business, especially with such a strong competitor locating almost next
25 door.
26 Commissioner Wagner indicated he had not been too happy with all the
27 signage Burger King was granted, but said he didn't think a fair
28 comparison could be made between this restaurant's location and the
29 remote site away from the road where the Burger King Restaurant is
30 proposed to be constructed. However, he said it bothered him somewhat
31 that the owner was now proposing - to erect another sign which would
32 result in the business having one sign. more than the ordinance allowed.
33 Commissioner London explained his vote for the Salvation Army Thrift
34 Store signage, which he perceived was vital to that business in its
35 location with little or no visibility from three directions. He said
36 on the other hand Hardees sign next to Silver Lake Road clearly
37 identified that restaurant from almost every direction. The
38 Commissioner said he thought the restaurant was almost a sign itself and
39 that the freestanding sign did an adequate job of identifying the
40 business from almost every direction on Silver Lake Road. The
41 Commissioner stated that he would not be in favor of another variance
42 being granted for a roof sign.
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1 Commissioner Brownell said he also would not be in favor of granting a
variance for another sign on this restaurant because he questioned
whether conditions 2 or 3 in the application could be considered to be
4 satisfied with the request. He indicated he could see no unique
5 topography which warranted special consideration and doubted whether "a
6 particular hardship was created for the property because the restaurant
7 can't be seen from Apache Plaza" because his own personal observation
8 had been that neither the restaurant nor a sign on its mansard roof
9 could be seen from Apache.
10 Commissioner Madden said that although he recognized the circumstances
11 for Burger King were somewhat different, he nevertheless perceived that
12 signage had a direct bearing on this restaurant because the two
13 establishments are so close. He indicated he also thought the fact that
14 total signage would now be only 107.1 square feet, where 150 square feet
15 are allowable should be taken into consideration. The Commission Chair
16 indicated he perceived the requested sign would not be a very
17 "domineering" type sign and said he did not find it objectionable.
18 Mr. Childs said he wasn't certain he had clarified his earlier remarks
19 about the sign not being able to be seen from Apache to mean that when
20 a driver is about to turn onto the service road between Midwest Federal
21 and the gas station, the gas station obstructs the visibility of both
22 the restaurant and its existing sign from the driver's view before he
23 can decide to make the turn which would take him into Hardees.
24 Commissioner Madden reported having missed the driveway altogether when
he was attempting to get to Hardees from the Apache Mall.
26 Commissioner Wagner said, like Commissioner Madden, he saw nothing
27 objectionable about the sign which was being requested and thought a
28 sign on the roof would help the business. However, he said, it still
29 bothered him that the owner hadn't left the sign where it was four years
30 ago.
31 Commissioner London indicated he could see no compelling reason to grant
32 this variance because he perceived the owner had created the hardship
33 himself. He also said he thought the City should not be compelled to
34 repeat a mistake like the one he perceived had been made with the Burger
35 King signage. Commissioner Brownell echoed his opposition.
36 This led to a discussion of setting precedents which the City Attorney
37 had indicated was not as important as considering each variance on its
38 own merits.
39 Planning Commission Recommendation ,
40 Motion by Wagner, seconded by Franzese to recommend the City Council
41 grant a variance from the Sign Ordinance of the City Code to allow the
42 proposed 37.1 foot wall sign on the westerly portion of the south facing
43 mansard roof of the Hardees Restaurant, 4004 Silver Lake Road, finding
44 that:
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1 1. The sign meets all three conditions required by statute to be met
before a sign variance can be authorized because:
3 a. It won't be detrimental to the public welfare or injurious to
4 other property in the same area.
5 b. It would help overcome the hardship of not being able to identify
6 the turn into the restaurant.
7 C. The restaurant's setback from Silver Lake Road, where its
8 visibility is obstructed by signage .and vehicles are parked in
9 front of a gas station, make it somewhat unique in terms of
10 visibility.
11 2. No opposition to the variance was expressed either to staff prior to
12 or during the April 5th hearing on' the request.
13 3. The City Council recently granted the Burger King Restaurant, which
14 is proposed to be constructed in close proximity to Hardees, a
15 variance to the Sign Code which permitted multi-signage for that
16 building.
17 Voting on the motion:
18 Aye: Wagner, Franzese, Madden.
19 Nay: London, Brownell.
0 Motion carried.
21 Mr. Johnson reported he would not be able to attend the April 11th
22 Council meeting and requested their decision bedelayed until their next
23 meeting, April 25th. Commissioner Brownell agreed to report the
24 Commission's recommendation related to the proposal at that meeting.
25 Conditional- Use Permit to Allow Video Tape Sales/Rental Recommended for
26 Chuck's 365 at 3813 Stinson Boulevard
27 At 9:10 P.M. , Chair Madden read aloud the Notice of Hearing to consider
28 the request from Thomas Sorensen for a conditional use permit to .allow
29 a video-type rental in a "C" Commercial zoned district at Chuck's 365.,
30 on the corner of 39th Avenue N.E. and Stinson Boulevard.
31 The notice had been published in the March 15th Bulletin and mailed to
32 all property owners of record within 350 feet of the subject property.
33 No one present reported failure to receive the notice or objected to its
34 content.
35 Staff Report
36 >Mr. Childs' March 31st memorandum advised that this request for the
37 new gas station/convenience store located at the corner of 39th and
Stinson was the same as for permits granted previously to other
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1 facilities who also sold and rented video tapes and suggested that
the conditions imposed conform to those the Commission and Council had
imposed on those facilities.
4 >The City Manager had attached to his memorandum a copy of the minutes
5 of the March 27, 1986 Council meeting where similar conditions had
6 been imposed on the conditional use permit for video tape and
7 equipment rental granted to the Apache Country Store which could be
8 used as a model for the Commission's recommendation related to this
9 request.
10 >The City Manager reported the applicant had called his attention to
11 the fact that April 5th had been identified as falling on Tuesday
12 rather than Wednesday in the hearing, but Mr. Childs said this error
13 was a minor one which would not invalidate the notice.
14 >Mr. Sorensen's had been the only call staff had received to date on
15 the request.
16 Commissioner Brownell commented that he perceived the conditions imposed
17 on other such permits had specifically related to the laws of the State
18 of Minnesota relating to obscenity and any ordinance the City might pass
19 relating to the same issue. The Commissioner wondered whether any of
20' those statutes were concerned with the rental of R-rated movies to
21 minors because he had experienced problems -with children renting films
22 which were so rated.
0 A check of the City's ordinance revealed no requirement for parental
24 guidance related to such rentals. However, Mr. Sorensen reported that
25 anyone who rented one of his films would have to have a valid drivers
26 license which he perceived would prevent anyone under 16 from renting
27 such materials. He also said although he might carry a few R-rated
28 movies in his establishment he would be willing to stipulate that he
29 never intended to carry X-rated materials.
30 The hearing was closed at 9:20 P.M. for the following:
31 Planning Commission Recommendation
32 Motion by Brownell, seconded by London to recommend the City Council
33 grant a conditional use permit to Gas Unlimited Inc. ARA Chuck's 365,
34 3813 Stinson Boulevard N.E. , to allow the rental of video movies for
35 home viewing on VCR, under the following_ conditions established for
36 businesses of this type:
37 1. There would be no viewing of tapes in the store, except for the bona
38 fide demonstration of tapes and no viewing visible from outside the
39 store.
40 2. The proprietors must comply with all state laws relating to obscenity
41 and to any ordinance of the City of St. Anthony thereafter relating
to obscenity.
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3. Conviction of the owner or any of the employees of the owner for
violation of obscenity laws in the operation of the store would be
3 grounds for revocation of this permit by the City Council.
4 In recommending the permit be granted, the Planning Commission finds
5 that:
6 A. All three questions in the application which are required by statute
7 to be answered affirmatively had been done so by the applicant and
8 accepted by the Planning Commission.
9 B. Similar permits have been granted to six other St. Anthony businesses
10 prior to this request.
11 C. No objections to the permit had been expressed to staff prior to the
12 hearing and none were forthcoming during the April 5, 1989 hearing.
13 Motion carried unanimously.
14 Activities for City's S26,403.00 1989 CDBG Funds Allocation Recommended
15 by Commissioners
16 At 9: 30 P.M. Chair Madden opened the public hearing for consideration
17 of the activities the City of St. Anthony is proposing to undertake with
18 Year XV Urban Hennepin County Community Development Block Grant funds
starting July, 1989. The Notice of Hearing had been published in the
March 15th Bulletin and included the Statement of Objectives for seven
21 program areas which the City proposes to accomplish with its CDBG
22 allocation of $26,403 .00.
23 Staff Report
24 >The agenda packet carried a copy of the Notice of Hearing, including
25 the statement of the three activities . proposed for the City's
26 allocation as well as the Statement of Objectives; a listing of the
27 1987 allocation by community; the Development Schedule for Year Xv;
28 and a copy of the revised CDBG income limits for lower and very low
29 income households for the Section 8 eligibility.
30 >Mr. Childs indicated Ramsey County's program was a competitive one
31 under which the City had received $150,000.00 for the temporary carbon
32 filtration facilities and could probably not expect to receive much
33 more for projects in St. Anthony for the next few years.
34 >The City Manager explained that traditionally the City's policy had
35 been to allocate 15% of the City's allocation towards Community
36 Service programs which were identified as senior projects but actually
37 covered child care services for which the subsidy request procedures
38 could more easily be handled by the Community Services Department than
39 City staff.
0 14
1 >Mr. Childs said staff perceived $10,000.00 allocated to the
,2 rehabilitation of single family housing would take care of the two
3 such home projects which could be expected to be applied for this
4 year.
5 >He also reported that the Council had perceived there was a real need
6 for recodifying the City Ordinances for which the major portion had
7 been written over 15 years ago. They had therefore proposed
8 $12,500.00 be set aside for that' project in 1989.
9 A brief discussion of the use of the 1988 CDBG allocation for sidewalks
10 along Kenzie Terrace preceded the closure of the hearing at 9:38 P.M.
11 by the Chair, who noted the absence of the public to provide input to
12 the allocation.
13 Planning Commission Recommendation
14 Motion by Brownell, seconded by London to recommend the Council allocate
15 St. Anthony's $26,403 .00 Year XV Community Development Block Grant funds
16 for the following planning activities:
17 Senior Citizen Program $ 3,903.00
18 Single Family Housing Rehabilitation $10,000.00
19 (low-moderate income)
20 Ordinance Recodification $12,500.00
Motion carried unanimously.
22 New Sig mage for City Liquor Operations Reported by City Manager
23 -The Commissioners seemed very pleased to hear that the City intended to
24 bring the signage for its own operations into conformance with the Sign
25 Ordinance requirements and welcomed the provision of canopied signage
26 reported by the City Manager for the Stonehouse and Apache liquor stores
27 as well as the new sign for the remodeled fire station.
28 Commissioners Bid Fond Good Bye to Mr. Childs
29 Noting that this would be the last Planning Commission meeting Mr.
30 Childs would be attending before he left the City to serve as New
31 Brighton's new City Manager, the Commission Chair congratulated him
32 on his new position and expressed the gratitude of the Commission
33 members for the excellent cooperation and help he had given that Board
34 during his eight years of service to St. Anthony. Mr. Childs responded
35 by saying that although he was happy to assume these new
36 responsibilities, he regretted leaving so many good relationships with
37 Councilmembers, Commissioners, and fellow employees, all of whom he
38 hoped would call him if he could shed any light on actions he had taken
39 while he was the City Manager.
• 15
r
1 ADJOURNMENT
• Motion by Wagner, seconded by Brownell to adjourn the meeting at 9:45
3 P.M.
4 Notion carried unanimously.
5 Respectfully submitted,
6 Helen Crowe, Secretary
7 :cjk
8
• 16